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STATE v. LILLEY

No. 682SC381.

164 S.E.2d 498 (1968)

3 N.C. App. 276

STATE of North Carolina v. Bruce LILLEY.

Court of Appeals of North Carolina.

December 18, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Millard R. Rich, Asst. Atty. Gen., for the State.

Leroy Scott, Washington, for defendant appellant.

MORRIS, Judge.

Defendant contends that the court's failure to instruct the jury on involuntary manslaughter constitutes prejudicial error.

In State v. Wenrich, 251 N.C. 460, 111 S.E.2d 582, the North Carolina Supreme Court held that where there is evidence tending to show the commission of a lesser offense, the court, of its own motion, should submit such offense to the jury for its own determination...

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